Utah Code § 53D-2-201

Land Trusts Protection and Advocacy Office -- State treasurer oversight and rulemaking -- Advocacy office duties -- Applicability of Government Access and Records Management Act

Redline — January 1, 2025 → current.View current text →

Current — July 1, 2026

As of January 1, 2025

(1) There is created the Land Trusts Protection and Advocacy Office to represent the beneficiary interests of the school and institutional trust in advocating for:

(a) distribution of trust revenue to current beneficiaries; and

(b) generation of trust revenue for future beneficiaries.

(2) The state treasurer shall:

(a) acting in a fiduciary capacity to trust beneficiaries, oversee and support the advocacy of the advocacy office, including:

(i) determining reporting requirements for the advocacy director and advocacy office; and

(ii) submitting an advocacy office budget to the Legislature; and

(b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and this chapter, make rules to administer the advocacy office, including the duties described in Subsection (2)(a).

(3) The advocacy office shall have an advocacy director, as described in Section 53D-2-203.

(4) In accordance with the Utah Enabling Act, the Utah Constitution, and state law, the advocacy office shall act with undivided loyalty to the trust beneficiaries, advocating against the state using a trust asset to pursue a state goal that is inconsistent with a purpose of the trust associated with that asset.

(5) To protect current and future beneficiary rights and interests as described in Subsection (1), the advocacy office shall advocate for:

(a) productive use of and optimal revenue from school and institutional trust lands by the School and Institutional Trust Lands Administration, as described in Title 53C, School and Institutional Trust Lands Management Act;

(b) prudent and profitable investment of trust funds by the School and Institutional Trust Fund Office, as described in Title 53D, Chapter 1, School and Institutional Trust Fund Management Act;

(c) effective distribution of funds to public schools through the School LAND Trust Program described in Sections 53F-2-404 and 53G-7-1206; and

(d) optimization of revenue to all trust beneficiaries.

(6) To fulfill the advocacy office's duties to trust beneficiaries, the advocacy office shall:

(a) stay informed on the administration of the trust and trust assets, including:

(i) major School and Institutional Trust Land Administration transactions; and

(ii) the School and Institutional Trust Fund Office investments and investment policy statements;

(b) fulfill advocacy office responsibilities and manage advocacy office activities in a prudent and professional manner;

(d) properly account to trust beneficiaries and the Legislature, as described in Section 53D-2-203.

(7)

(a) Except as provided in Subsection (7)(b), the advocacy office and the advocacy committee are subject to Title 63G, Chapter 2, Government Records Access and Management Act.

(b) The advocacy office and the advocacy committee are not subject to Title 63G, Chapter 2, Government Records Access and Management Act, regarding a record described in Subsection 53D-1-103(3)(a) that the School and Institutional Trust Fund Office provides to the advocacy office or advocacy committee.

(1) There is created the School and Institutional Trust Beneficiaries' Advocacy Office with delegated agent authority to:

(a) represent the trust beneficiaries by performing the duties set forth in this chapter; and

(b) advocate for, monitor, and preserve the trust beneficiaries' rights and interests.

(2) Notwithstanding Subsection (1), a trust beneficiary may choose to represent the trust beneficiary in any specific issue or matter as described in this chapter.

(3) Trust beneficiaries and the trust beneficiaries' principal liaisons are:

(a) public schools, represented by the staff member who administers the School LAND Trust Program, created in Section 53G-7-1206;

(b) Schools for the Deaf, described in Subsection 53E-8-201(1)(a), represented by the superintendent for the State Board of Education, or the superintendent's designee;

(c) Schools for the Blind, described in Subsection 53E-8-201(1)(b), represented by the superintendent for the State Board of Education, or the superintendent's designee;

(d) University of Utah, represented by the president of the University of Utah or the president's designee;

(e) College of Mines and Earth Sciences, described in Section 53H-4-208, represented by the Dean of the College of Science at the University of Utah, or the dean's designee;

(f) Colleges of Education, described in Section 53C-3-105, represented by the chair of the Utah Council of Education Deans, or the chair's designee;

(g) Utah State University, represented by the president of Utah State University or the president's designee;

(h) Miners Hospital, described in Section 53H-4-207, represented by the director of the Craig H. Neilsen Rehabilitation Hospital, or the director's designee;

(i) Utah State Hospital, represented by the superintendent of the Utah State Hospital, created in Section 26B-1-201, or the superintendent's designee;

(j) Juvenile Justice and Youth Services, represented by the director of the Division of Juvenile Justice and Youth Services, created in Section 80-5-103, or the director's designee;

(k) Reservoirs, represented by the director of the Division of Water Resources, created in Section 73-10-18, or the director's designee; and

(l) Public Buildings, represented by the executive director of the Capitol Preservation Board, created in Section 63O-2-201.

(4) Trust beneficiary rights include:

(a) the rights recognized in Section 53C-1-102; and

(b) applicable rights of a trust beneficiary under Utah trust law, including the right to:

(i) information related to the trust beneficiary's respective trust;

(ii) timely notice of significant trust activities;

(iii) distribution of funds as established in law;

(iv) receive regular accountings;

(v) impartial treatment; and

(vi) challenge actions or decisions deemed unlawful or not in the trust beneficiary's best interests.

(5) Trust beneficiary interests include:

(a) those recognized in Section 53C-1-102;

(b) the proper and lawful management of trust lands, trust funds, and trust distributions;

(d) access to information regarding measurable performance by trustee agencies and the advocacy office.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.